DISCHARGE BY BREACH

OF CONTRACT

Week 10
Business Law
DISCHARGE BY BREACH
OF CONTRACT
Breach also ends the obligations
created by a contract on the part of
each of the parties. Of course, the
aggrieved party can sue for
damages.
 KINDS OF BREACH

ACTUAL BREACH [Section 38]

ANTICIPATORY BREACH [Section
39]
 Express anticipatory breach
 Implied anticipatory breach
 Effect Of An Anticipatory
Breach
 Options to the aggrieved party
 Rescind the contract and claim damages
for breach of contract [Section 73]
 Treat the contract as operative and wait
till the due date for performance and
claim damages if the promise still remains
unperformed.
REMEDIES FOR BREACH
OF CONTRACT
Rescission of the contract
Suit for damages
Suit upon quantum meruit
Suit for specific performance
Suit for an injunction
Restitution
Action for Price
 Kinds Of Damages
Ordinary or General or
Compensatory damages
Special damages
Nominal damages
Damages for inconvenience and
uneasiness
Liquidated damages vs. Penalty
clause [Section 74]
Exemplary (vindictive) damages
Thank you.